News & Analysis as of

Proposition 13

Perkins Coie

Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

Perkins Coie on

Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist.,...more

Allen Matkins

Court Cogitates On Meaning Of "Stock"

Allen Matkins on

Under California's famous Proposition 13, a change in ownership of real property triggers a reappraisal and reassessment of the property for property tax purposes.  Section 60 of the Revenue & Taxation Code defines a "change...more

BakerHostetler

Prop. 19 Tax Changes: Countdown Starts Now

BakerHostetler on

California voters have passed Proposition 19, which will bring about significant changes in the current law regarding property tax value reassessments. This means time is of the essence for certain property owners to act if...more

Weintraub Tobin

The Split Roll Initiative On The November 2020 Ballot

Weintraub Tobin on

In 1978 California voters approved Proposition 13, a landmark measure that set—and has kept—property taxes at a low rate. This November’s ballot includes a proposition known as the “split roll” initiative that would make...more

Best Best & Krieger LLP

Challenge to Prop 15: Courts Don’t Mess with Initiatives (or AGs Who Summarize Them)

Swift Decision Rejects Ballot Language Opposition - A trial court recently rejected a challenge to the California Attorney General’s ballot label, title and summary of a proposed initiative amendment to Proposition 13. In...more

Sheppard Mullin Richter & Hampton LLP

Splitting The Roll - Commercial And Industrial Property Owners May Face Significant California Property Tax Increases Starting As...

California’s Proposition 13 prevents the assessed value of California real property from increasing by more than 2% per year, unless there is a change of ownership or completion of new construction. On November 3, 2020,...more

Best Best & Krieger LLP

Special Taxes by Voter Initiative Not Restricted by Proposition 13 or Proposition 218

Court of Appeal Holds Only Simple Majority Needed to Impose Special Taxes by Initiative Power - While the California Constitution prohibits local governments from imposing a special tax without two-thirds voter approval,...more

Pillsbury Winthrop Shaw Pittman LLP

California Court of Appeal Concludes Transfer Tax Not Applicable to Purchase of Realty Encumbered by Long-Term Leasehold

In 731 Market Street Owner LLC v. City and County of San Francisco (June 18, 2020), California appellate court affirms that local realty transfer tax does not apply when leasehold has a remaining term of 35 years or more. ...more

Holland & Knight LLP

Property Tax Initiative Qualifies for Ballot and Could Partially Undo California's Proposition 13

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Proposition 13, California's long-standing property tax law, is at risk of being partially unraveled, and along with it, property owners would incur a substantial increase in property taxes. On May 29, 2020, the initiative,...more

Allen Matkins

Proposition 13 Overhaul Qualifies for November Ballot

Allen Matkins on

California Secretary of State Alex Padilla announced on Friday, May 29, 2020, that the revised initiative entitled "The California Schools and Local Communities Act of 2020" officially qualified for the November ballot. If...more

Sheppard Mullin Richter & Hampton LLP

Housing in California in 2020: A Look Ahead and a Lesson in Try, Try Again

Indisputably, 2019 was an important year for housing in California. As we noted in our prior blog post, Governor Newsom signed legislation creating statewide rent control, preventing discrimination against people paying rent...more

McDermott Will & Emery

[Event] West Coast Tax Forum: California & Beyond: The Impact Of State, Federal And International Tax Developments On Golden State...

McDermott Will & Emery on

Tax professionals are on the frontlines, responding to state, federal and international tax developments that significantly impact business objectives. California taxpayers face particularly unique challenges. Join members...more

Nossaman LLP

Don't You (Forget About Sales and Use Tax)

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Some recent California Office of Tax Appeals (“OTA”) decisions highlight the importance of being, simply, mindful of sales and use tax requirements. Businesses often plan to reduce income taxes or avoid a Proposition 13...more

Holland & Knight LLP

West Coast Real Estate Update: August 27, 2019

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In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant,...more

Best Best & Krieger LLP

Best in Law: Possible Prop. 13 Changes Will Impact Businesses - Partner Gregory Snarr Discusses Potential Ballot Measure

In 2020, California voters will likely have the opportunity to change a provision of Proposition 13 that will substantially impact California businesses. Originally posted in The Press-Enterprise and other Southern...more

Orrick, Herrington & Sutcliffe LLP

Proposition 13 Ballot Initiative Qualifies for Signature Gathering

Proponents of The California Schools and Local Communities Funding Act of 2018 have received clearance from the California Attorney General to gather signatures in support of a ballot initiative to revoke Proposition 13...more

Pillsbury Winthrop Shaw Pittman LLP

Ballot Initiative Seeks to Eliminate Prop 13 for Commercial and Industrial Real Estate

Initiative 17-0055 would limit Proposition 13 protection to residential property. New initiative seeks to eliminate Proposition 13 protection for commercial and industrial property by requiring fair market value...more

Holland & Knight LLP

West Coast Real Estate Update - December 2017

Holland & Knight LLP on

New California Ballot Initiative Targets Proposition 13 Tax Limit for Corporate Properties - Proposition 13, which was approved in California 40 years ago, could potentially be up for debate in 2018. A ballot initiative...more

Allen Matkins

California Supreme Court Declines To Rehear Documentary Transfer Tax Appeal

Allen Matkins on

In June, I wrote about the California Supreme Court’s disappointing decision in 926 N. Ardmore Ave. v. County of L.A., 2017 Cal. LEXIS 4768 (Cal. 2017). Readers may recall that the Supreme Court applied the concept of a...more

Downey Brand LLP

State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality...

Downey Brand LLP on

As posted in CEQA Chronicles, on July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Decision Changes the Transfer Tax World

In 926 North Ardmore Avenue LLC v. County of Los Angeles, the California Supreme Court concluded that, subject to certain limitations, California’s Documentary Transfer Tax Act (the California DTTA), applicable to direct...more

Allen Matkins

California Supreme Court Affirms Novel M&A Tax

Allen Matkins on

Suppose Mr. Henry owns all of the outstanding shares of a Virginia corporation that owns all of the issued and outstanding shares of a Massachusetts corporation that owns, among other things, real property in Los Angeles,...more

Farella Braun + Martel LLP

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Jones Day

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Perkins Coie

CA Court of Appeal’s Split Decision Upholds CARB Cap-and-Trade Program

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In a 2-1 decision, the California Court of Appeal, Third Appellate District, upheld the California Air Resource Board’s cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air...more

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